Following the partial legalization of cannabis, new regulations are also being introduced for drivers. Late Thursday evening, the Bundestag passed a law by the traffic light coalition that sets a limit for the active ingredient THC while driving and fines for violations – similar to the 0.5 per mille limit for alcohol.
Stricter rules apply to novice drivers and the mixed consumption of cannabis and alcohol. Tighter limits have also been decided on the joint cultivation of cannabis in clubs, which can start from July.
Since April 1st, smoking weed has been legal for adults – with many regulations, including private cannabis cultivation. This is now being accompanied by regulations for road traffic, which experts have been discussing for some time. Until now, the strict line was that consequences could be threatened even if tetrahydrocannabinol (THC) was detected.
A value of 1 nanogram per milliliter of blood has been established in case law. At the traffic court meeting in 2022, experts spoke out in favor of an “appropriate” increase. This is because it is so low that many people would be sanctioned for whom there is no justification for a reduction in driving safety.
In the future, a legal limit will determine when tolerance for cannabis ends. Anyone who intentionally or negligently drives with 3.5 nanograms of THC or more in their blood will then generally risk a 500 euro fine and a one-month driving ban.
The threshold follows recommendations from an expert commission of the Ministry of Transport, according to which a safety-relevant effect is “not unlikely” from that point onwards. It is comparable to 0.2 per mille of alcohol and is well below the threshold of 7 nanograms, above which an increase in risk begins. A surcharge for measurement errors is also included.
In future, it will be a new offence if alcohol is consumed in addition to THC. If consumers have reached the threshold of 3.5 nanograms of THC or more, drinking and driving will be prohibited. This makes it difficult to have a beer with a joint.
Violations can result in a higher fine, usually 1,000 euros. The same applies to new drivers as is already known for alcohol. There is a strict ban on cannabis during the two-year driving license probation period and for those under 21. Sanction: usually 250 euros.
THC while driving concerns cannabis consumption of all kinds, as explained in the draft. This includes the “classic” joint, but also edibles, drinks, oils and extracts containing THC. However, it is expressly excluded if the THC “comes from the intended use of a drug prescribed for a specific illness”.
During controls, sensitive saliva tests should be used “as a preliminary screening to detect current consumption,” according to the justification for the now adopted draft. However, if someone shows signs of impairment, a blood sample is required in any case, even if the saliva test is negative.
CDU politician Florian Müller spoke of a “black day for road safety”. The discussions had shown that the traffic light coalition was concerned with making it easier for cannabis users to drive. The argument that it is a question of justice to treat cannabis users and alcohol drinkers equally is absurd.
Green MP Swantje Michaelsen, on the other hand, stressed: “In the future, no one will be allowed to drive while intoxicated.” At the same time, there is now a fair regulation for everyone who separates consumption and driving. The blanket criminalization through traffic regulations is now over.
The Bundestag has also decided on improvements to the Cannabis Act, which the federal government has promised the states. To ensure that no large plantations are created by cultivation associations from July 1st, permits can be refused if cultivation areas or greenhouses are in a “structural association” or in close proximity to those of other associations.
It will also be prohibited to commission a commercial provider to provide several services in order to ensure the “non-commercial character of home cultivation”. At the request of the states, controls can be handled more flexibly: instead of “annually”, it will now be “regularly”.
Furthermore, the already planned evaluation of the Cannabis Act has been expanded: At the request of the states, in addition to the effects on child and youth protection, the quantities owned and distributed by cultivation associations are to be examined. In addition, the Federal Center for Health Education (BZgA) plans to develop a further training program for addiction prevention specialists in the states and municipalities.